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Massachusetts restaurant HR & payroll answers

Massachusetts restaurant wages and pay: minimum wage, paydays and deductions

The pay questions that come up in every Massachusetts restaurant: what the minimum is, when pay is due, what can come out of a paycheck, and which hours have to be paid.

General information about Massachusetts and federal rules, checked against the official sources linked under each answer on September 24, 2026. It is not legal or tax advice.

What is the Massachusetts minimum wage for restaurant workers in 2026?

$15.00 an hour, the rate in force since January 1, 2023. It applies statewide, to full-time and part-time staff alike. Tipped staff can be paid a lower $6.75 service rate only when strict conditions are met.

The service-rate conditions are covered on the tips and service charges page. The 2023 step was the last one in the schedule passed in 2018, so no further increase is written into the law.

Sources: M.G.L. c.151 §1 · Mass.gov: Massachusetts law about minimum wage · Checked

Is the Massachusetts minimum wage or tipped wage going up in 2027?

No increase has been enacted. None of the nine questions on the November 3, 2026 statewide ballot concerns wages or tips, and the main Senate bill to move the minimum toward $20 (S.1349) was sent to a study order on August 13, 2026.

Voters rejected the 2024 ballot question that would have phased out the tipped service rate, so the $6.75 rate remains. Any future change would need new legislation or a future ballot question.

Sources: Secretary of the Commonwealth: 2026 ballot questions · Bill S.1349 (194th General Court) · Mass.gov: Massachusetts law about minimum wage · Checked

Can a restaurant require direct deposit, or pay staff in cash?

You can require direct deposit, but the employee chooses the bank or credit union, and nobody can be charged a fee to get their pay. If you pay by check, you must give staff a way to cash it free of charge.

We found no Massachusetts rule that bans paying wages in cash, but cash pay needs the same pay slip, the same payroll records and the same tax withholding as any other method. Massachusetts has no paycard-specific rule on mass.gov that we could confirm, so the direct-deposit rules above are the safe baseline.

Sources: Mass.gov: Pay and recordkeeping · M.G.L. c.167B §7 · M.G.L. c.149 §148 · Checked

Can I deduct breakage, register shortages or a walkout from an employee's pay?

Generally no. The Supreme Judicial Court held in Camara v. Attorney General (2011) that an employer may not deduct from earned wages unless the law allows it or there is a "clear and established debt", and an employer's own finding that an employee was at fault does not qualify, even if the employee agreed.

The Attorney General also says employers cannot pass ordinary business costs such as supplies or tools on to workers. For servers, making them cover a walkout out of their tips would also be a deduction from a tip, which the Tips Act separately prohibits.

Sources: Mass.gov: Minimum wage notices (wage deductions) · Camara v. Attorney General, 458 Mass. 756 (2011) · Mass.gov: Pay and recordkeeping · Checked

Can a restaurant charge staff for shift meals?

Only if the employee chooses to take the meal and actually eats it, after written notice of the plan and the price and the employee's voluntary written acceptance. The maximum charges are $1.50 for breakfast, $2.25 for lunch and $2.25 for dinner.

One meal can be charged for a shift of three or more hours. Two meals can be charged only if the shift fully covers two meal periods or eight hours.

Source: 454 CMR 27.00: Minimum wage · Checked

Does a restaurant have to pay for uniforms it requires?

Yes. If you require staff to buy or rent a uniform, you reimburse the actual cost, and if it needs dry cleaning or other special care, you reimburse that too. Massachusetts, unlike federal law, does not allow uniform deductions even when pay stays above the minimum wage.

A uniform is special clothing, shoes included, required as a condition of the job, such as matching colors or a logo shirt. A general dress code like "black pants" where staff choose their own clothes is not a uniform. Ordinary wash-and-wear items need no cleaning reimbursement, and a uniform deposit needs permission from the Department of Labor Standards.

Sources: 454 CMR 27.00: Minimum wage · Mass.gov: Massachusetts law about employee uniforms · Checked

If I send someone home early on a slow night, what do I owe them?

If they were scheduled for three or more hours and arrived on time, you owe at least three hours of pay at no less than the $15.00 minimum wage, even if they worked only one. If you agreed in advance that their regular shifts are shorter than three hours, you pay only the hours worked.

The regulation says "no less than the basic minimum wage", so do not assume the $6.75 service rate covers the unworked hours. Charitable organizations recognized by the IRS are exempt from this rule.

Sources: 454 CMR 27.00: Minimum wage · DLS: Topical outline of minimum wage and overtime law · Checked

Are pre-shift meetings, orientation and required training paid time?

Yes, when you require them. In Massachusetts, working time includes all time an employee is required to be on the premises or on duty, before or after the shift. Required food-safety or allergen training for your own restaurant is working time.

Under federal rules, a meeting or training is unpaid only if it is outside regular hours, truly voluntary, not directly related to the job, and no productive work is done. Staff called in on a day off for a meeting are paid for the hours worked, and the three-hour reporting rule applies if they were told it would last three hours or more.

Sources: 454 CMR 27.00: Minimum wage · 29 CFR 785.27 (training and meetings) · DLS: Topical outline of minimum wage and overtime law · Checked

What does the Massachusetts Equal Pay Act mean for a restaurant?

You cannot pay someone less than employees of a different gender who do comparable work, meaning work of substantially similar skill, effort and responsibility under similar conditions, whatever the job titles say. You also cannot ask applicants about their pay history or stop staff from discussing their pay.

Differences are allowed only for seniority, merit, production or sales systems, location, job-related education, training or experience, or required travel. A gap cannot be fixed by lowering anyone's pay. Violations cost the unpaid wages plus an equal amount again, plus attorney's fees.

Source: M.G.L. c.149 §105A (Equal Pay Act) · Checked

Your restaurant remains the employer of record and approves payroll and employment decisions. BOHO is not a PEO, a staffing agency, or legal counsel. These answers describe the rules; they don’t decide how they apply to your restaurant. Headcount, entity structure and the exact facts of a shift can change the answer, so confirm anything that affects pay with the agency, an employment attorney or your tax adviser.

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Tips & Service Charges

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Your restaurant remains the employer of record and approves payroll and employment decisions. BOHO is not a PEO, a staffing agency, or legal counsel.